News Updates
"Contrary To Mandate Of Article 16(2)": Uttarakhand HC Stays 30% Quota To Women With Domicile In State Civil Services
The Uttarakhand High Court has stayed a government order of the year 2006 that sought to provide 30 percent horizontal reservation only to the women candidates domiciled in Uttarakhand in the matter of public employment. Staying the operation of the govt order to the extent it provided reservations to only the state's women candidates, the Court clarified that reservation would remain in place...
J&K&L High Court Reopens 2003 Nadimarg Massacre Case, Says Court Has Jurisdiction To Recall Order Which Is A "Nullity" In Law
The Jammu and Kashmir and Ladakh has ordered the reopening of the infamous Nadimarg Massacre Case, after a decade, by recalling an order dated December 21, 2011 whereby the criminal revision petition in the matter was dismissed.The case relates to massacre of 24 Kashmiri Pandits by militant groups at Nadimarg village in Shopian district in 2003. Seven persons were arraigned as accused...
'Central Govt' Is British Raj Phraseology, 'Union Govt' Gives More Unifying Sense: PIL In Delhi High Court To Change Terminology
The Delhi High Court on Friday sought Centre's stand on a public interest litigation seeking directions on it for using the expression "Union Government" instead of "Central Government" in all legislations, orders, notifications, Rules, executive actions and circulars.A division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad asked the counsel appearing for...
Ramdev's Allopathy Remarks: Delhi High Court Wants Clarity On Commonality Of Issues Between Doctors' Suit & Proceedings Before Supreme Court
The Delhi High Court on Friday deferred the hearing in the suit filed by several doctors' associations against the Yoga guru Baba Ramdev for allegedly spreading misinformation about COVID-19 cure through his statements against allopathy and in favour of Patanjali's product Coronil.Justice Anup Jairam Bhambhani said that a clarity was required before hearing the suit in view of the...
Interest Payable On Solatium Under Land Acquisition Act Is 9% For First Year & 15% For Subsequent Years: Karnataka High Court
The Karnataka High Court recently held that in cases of land acquisition where payment of compensation is pending, interest to be paid on compensation amount for the first year is to be at the rate of 9% per annum and subsequently, it is to be at the rate of 15%."I am of the considered opinion that in cases of acquisition interest for the first year is 9% p.a. and subsequent thereto it is...
IBBI Suspends Deloitte Partner's IP Registration For 3 Years And Imposes Penalty
The Disciplinary Committee of the Insolvency and Bankruptcy Board of India ("IBBI") has suspended the registration of Insolvency Professional, Mr. Savan Godiawala, for a period of three years and has also imposed a penalty of amount equivalent to payments made to Deloitte Touche Tohmatsu India LLP after 23.07.2019 till now. Brief Background Mr. Savan Godiawala is a Professional...
S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts (property) in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla v. State of...
Gujarat High Court Weekly Round Up: August 15 To August 21, 2022
NOMINAL INDEX Rameshbhai Bhathibhai Pagi V/S Deputy Executive Engineer 2022 LiveLaw (Guj) 328 X v/s Indext/C Industrial Extension Cottage & 1 other(s) 2022 LiveLaw (Guj) 329 Shaileshbhai Kandubhai Rathwa V/S Gurjar Shankarlal Devalal 2022 LiveLaw (Guj) 330 M/S Harsh Transport Private V/S Union Of India 2022 LiveLaw (Guj) 331 Dhavalkumar Ashokbhai Aghera v/s Reliance...
S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court
The Punjab & Haryana High Court has highlighted that Section 42 of the NDPS Act which deals with Power of entry, search, seizure and arrest without warrant or authorization relates only to search of a building, conveyance or enclosed place and includes 'parked vehicles'.However, Section 43 of the Act which provides Power of seizure and arrest in public place, relates to vehicles...
Vizhinjam Protests: High Court Directs Kerala Police To Ensure Law & Order At Adani Port's Construction Site
The Kerala High Court on Friday directed the State Police to ensure that the law and order situation is maintained at the Vizhinjam International Seaport construction site.The direction was made while adjourning till Monday the petitions filed by M/S Adani Vizhinjam Port Pvt Ltd and its contracting company Howe Engineering Projects, seeking protection for their employees and property from...
S.482 CrPC | Mere Production Of CDR To Show Absence Of Accused At Time Of Alleged Offence Cannot Lead To Closure Of Proceedings: Karnataka HC
The Karnataka High Court has observed that mere production of call record details by the accused to show that he was not present at the time of occurrence of alleged incident, would not lead to closure of criminal proceedings by exercising powers under Section 482 of CrPC. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Manish Kumar Singh @...
High Court Issues Notices On Plea Challenging Vires Of 'Madhya Pradesh Recovery Of Damage To Public & Private Property Act'
The Madhya Pradesh High Court, Indore Bench recently issued notice to the State in a petition challenging the vires of the MP Prevention and Recovery of Damage to Public and Private Property Act, 2021.The petition was heard by the bench comprising Justices Vivek Rusia and AN Kesharwani . The case made out by the Petitioner is that they've fallen victim to the arbitrary actions...